FAQ

  • Family Law FAQ

    • How can a Corpus Christi attorney help me?

      Family law encompasses a variety of legal situations, from divorce to estate planning, and our experienced team of legal professionals is standing by to answer all of your questions. Attorney Lindsay M. Browne’s area of practice is family law and she has been practicing in Texas for over 14 years. Admitted to the Texas Bar in 2005, she is familiar with every facet of family law and has developed a proven, detail-oriented, hands-on approach.

      Many people are unaware of the wide reach of family law and consequently are unfamiliar with the many ways an experienced Corpus Christi attorney can help them. Some of our most frequently asked questions pertain to divorce and child custody. You can see answers to some common questions below.

      To find out how we can help you, call our family law office in Corpus Christi at (361) 866-5229.

    • Does the other party have to agree to the divorce?

      No. You can file for divorce even if the other party does not agree. Additionally, there are remedies available if the other party intentionally delays the proceeding, avoids service, or refuses to cooperate.


    • How do I get an annulment?

      In Texas, there are several grounds under which you can file for an annulment, including: marriage under the age of 14, marriage under the age of 18, marriage under the influence of drugs or alcohol, marriage under fraud and/or duress, impotency, and/or mental incapacity.

    • How soon can I get a divorce?

      The Court requires the parties to wait a minimum of sixty days (60) after the date the Petition is filed before granting a divorce. The parties can reach a full agreement on all issues before the sixty (60) day period expires. However, they will not be legally divorced until the waiting period has passed.


    • Have More Questions?

      Have More Questions?

      At the Law Office of Lindsay M. Browne, we know how challenging situations like divorce can be. We are proud to bring our clients compassionate yet aggressive legal representation. If you have questions about a family law matter, we are here to help.

      We handle every case from litigation through trial and are driven to helping our clients protect their rights and achieve the best possible outcome for their situation. Whether dealing with a difficult divorce case, or the challenges that come with establishing guardianships, we are focused on getting clients what they need to allow them to move on.

      Discuss your legal needs with our Corpus Christi attorney by calling (361) 866-5229.

    • What happens if the other party does not respond to the divorce petition?

      If the other party has been properly served and does not respond to the divorce petition, then the moving party can request a default judgment. There are specific rules imposed by the Court when requesting a default judgment. For instance, the orders requested in the Default Judgment must conform to the requests made in the Petition for Divorce. Please seek the advice of counsel if you are considering the option of requesting a default judgment.


    • Who determines the parenting schedule and custody of our children?

      The parties can agree on a parenting schedule and who will have custody of the children. If the parties are in agreement, then a written agreement can be prepared and filed with the Court that describes the terms for custody. If the parties do not agree, then a motion can be filed requesting the Court make orders on these issues. In Texas, most courts will send the parties to mediation before making a determination regarding custody and parenting, child support, and medical support.


    • What is Mediation?

      Mediation is recommended, and often times court-ordered, when issues cannot be resolved by the parents by agreement, whether it is parent-child issues or property division issues. A mediator (licensed family law attorney) will meet with both parties separately to assist them in reaching agreements regarding custody, possession and access, child support and medical support and property division. If the parties cannot resolve their issues during mediation, then the Court will schedule a final hearing for the parties to present their case, and the Court will then rule on the issues.


    • Do I have to pay child support if we have equal time with our children?

      It depends. In Texas, child support is calculated by a statewide guideline formula. The factors considered in this formula include the parties’ respective incomes, the timeshare of the children, health insurance deductions, required union dues and retirement, as well as other factors. If the parties have equal parenting time with the children, but one party earns more income, then the higher earning parent may have to pay offset child support. Whether a parent will have to pay child support and the amount depends on the particular circumstances in each case.


Back to Top